Resettlement Plan
Document Stage: Final Project Number: 46375-002 May 2018
GEO: Secondary Road Improvement Project
Land Acquisition and Resettlement Plan (LARP) for Section 2 (Moliti-Chumateleti) Km 24.620 to Km 50.244
Prepared by the Roads Department of the Ministry of Regional Development and Infrastructure of Georgia for the Asian Development Bank.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
CONTENTS
ITEM Page List of Abbreviations 7 Glossary 8 Executive summary 10 CHAPTER 1 INTRODUCTION AND PROJECT DESCRIPTION 17-21 1.1 Overview 17 1.2 Description of the Project 17 1.2.1 Design Feature 17 1.2.2 Right of Way and the Corridor 19 1.2.3 Location 19 1.3 Minimizing Land Acquisition and Involuntary 21 Resettlement 1.4 Scope of the Land Acquisition and Resettlement Plan 21 1.5 LARP related conditions for Project Implementation 21 CHAPTER 2 SCOPE OF LAND ACQUISITION AND 22-33 RESETTLEMENT 2.1 Approach and Methodology 22 A IMPACT ASSESSMENT 22 2.2 Total Land Requirement per Ownership 22 2.3 Impact on Private Land Acquisition (Total Affected 23 Parcel and Affected Area) 2.3.1 Type of Land Parcel and Area (Total) per Legal Status 23 2.3.2 Municipality and Village Wise Details on Type of Land 24 Parcel and Area 2.3.3 Use and Type of Affected Land 25 2.4 Impact on Trees 25 2.5 Impacts on Crops 26 2.6 Impact on Buildings and Structures 26 2.6.1 Physical Details of Residential Houses/Dwellings 27 2.7 Impact on Business and Livelihood 28 B AP CENSUS 28 2.8 Impact on Severely Affected Households 28 2.9 Impact on Vulnerable Households 30 2.10 Affected Households and Affected Persons 31 2.11 Affected Households and Affected Persons by Impact Categories 2.12 Summary Impact on Land Acquisition and Resettlement 32 CHAPTER 3 SOCIO-ECONOMIC INFORMATION AND PROFILE 34-43 3.1 1. General 34 3.2 Socio economic Profile 34 3.2.1 Type of Settlement 34 3.2.2 Demographic Features 34 3.2.3 Ethnic Composition of Households 34 3.2.4 Major Economic Activities 35 3.2.5 Major Cropping Pattern 35 3.2.6 Average Annual Income 35 3.2.7 Average Annual Expenditure 36 3.2.8 Possession of Durable Goods 36 3.2.9 Loans and Debts 37 3.2.10 Access to Health Facilities and Major Illness 38
2 3.2.11 Migration Pattern 38 3.2.12 Source of Drinking Water 39 3.2.13 Sanitation Facilities 39 3.2.14 Fuel for Cooking 39 3.2.15 Status on Electrification 40 3.2.16 Type of Dwelling 40 3.2.17 Connection to Road 40 3.2.18 Type of Access Road 41 3.2.19 Summary Findings 41 3.3 Women and Gender Issues 41 3.3.1 Literacy 41 3.3.2 Socio-Economic Activities of Women 42 3.3.3 Women’s Say in Decision Making 42 3.3.4 Expectation of Women from the Road Rehabilitation 43 3.3.5 Action on Gender Issues 43 3.4 Impact on Indigenous People/Ethnic Minority 43 CHAPTER 4 INFORMATION DISCLOSURE, CONSULTATION AND 44- 52 PARTICIPATION 4.1 General 44 4.2 Objective of Consultation 44 4.3 Methods of Consultations 44 4.4 Consultation during Feasibility Stage 46 4.5 Consultation during Detailed Design and Prior to DMS 47 4.6 Findings of the Community Consultations during 47 Detailed Design 4.7 Consultation during Dissemination of Leaflet 48 4.8 Findings and Minutes of Consultations during 49 Dissemination 4.9 Future Consultation Strategy 51 4.10 Disclosure 51 CHAPTER 5 GRIEVANCE REDRESS MECHANISMS 53-57 5.1 Objectives 53 5.2 Formation of GRCE 53 5.3 Grievance Resolution Process 55 5.4 GRCE Records and Documentation 57 CHAPTER 6 POLICY AND LEGAL FRAMEWORK 58-62 6.1 General 58 6.2 Laws and Regulation of Georgia 58 6.3 ADB Safeguard Policy Statement, 2009 59 6.4 Comparison of ADB SPS, 2009 with Georgian Laws and 60 Legislation 6.5 Core LAR Policy Principle for the Project 61 6.6 Land Acquisition Process 61 CHAPTER 7 ELIGIBILITY AND ENTITLEMENTS 63-69 7.1 Eligibility 63 7.2 Cut-off-Date 63 7.3 Entitlements 63 7.4 Entitlement Matrix 65 7.5 Valuation and Compensation Rates 68 7.5.1 Principles and Methodology 68 7.5.2 Determination of Compensation Rates 68 CHAPTER 8 RELOCATION AND INCOME RESTORATION 70-70
3 CHAPTER 9 RESETTLEMENT BUDGET AND FINANCING PLAN 71-72 CHAPTER 10 INSTITUTIONAL ARRANGEMENTS 73-78 10.1 General 73 10.2 RDMRDI 75 10.3 LAR Commission (LARC) 75 10.4 Eurasian Transport Corridor Investment Centre (ETCIC) 75 10.5 Municipality LAR Team 75 10.6 Local Governments 76 10.7 Consultants 76 10.8 Other Agencies and Institutions 76 10.9 Capacity Building on LAR 76 CHAPTER 11 IMPLEMENTATION SCHEDULE 79-81 11.1 General 79 11.2 Detailed Design Stage 79 11.3 LARP Implementation Stage 79 11.4 LARP Monitoring Stage 80 11.5 Implementation Schedule 80 CHAPTER 12 MONITORING AND REPORTING 82-84 12.1 General 82 12.2 Level of Monitoring 82 12.2.1 International Monitoring 82 12.2.2 Preparation of Compliance Report 82 12.2.3 Preparation of Evaluation Report 83 12.3 Monitoring Indicators 83 LIST OF TABLES Table 1.1 Geographical Jurisdictions along the Project Road 19 Table 2.1 Land Requirement per Ownership in Section-2 23 Table 2.2 Municipality and Village Wise Details of Land Acquisition 23 Table 2.3 Details on Land Acquisition per Legal Status 24 Table 2.4 Municipality and Village Wise Details on Type of 24 Affected Land Table 2.5 Agricultural and Non-Agricultural Land 25 Table 2.6 Impact on Trees 25 Table 2.7 Impacts on Crops 26 Table 2.8 Impact on Buildings and Structures 27 Table 2.9 Details on the Residential Houses/Dwelling 27 Table 2.10 Severely Affected Households 29 Table 2.11 Details on Vulnerable Households 30 Table 2.12 Details on AH/APs 31 Table 2.13 Summary Table on AH by Impact Category 31 Table 2.14 Summary Impact on Land Acquisition and Resettlement 32 Table 3.1 Type of Settlement 34 Table 3.2 Demographic Feature of APs 34 Table 3.3 Ethnic Composition of the Households 35 Table 3.4 Major Economic Activities of the Households 35 Table 3.5 Major cropping pattern and average Yield of different 35 Crops Table 3.6 Average Annual Income 36 Table 3.7 Average Annual Expenditure 36 Table 3.8 Possession of Durable Goods 37 Table 3.9 Taken any loans 37 Table 3.10 Sources of loan 37
4 Table 3.11 Reasons for Loans 38 Table 3.12 Direct Access to Health facility 38 Table 3.13 Major Illness in the Family 38 Table 3.14 Migration Pattern 38 Table 3.15 Period of migration in months 39 Table 3.16 Source of Drinking Water 39 Table 3.17 Type of Sanitation Facilities 39 Table 3.18 Type of Fuel Use for cooking 39 Table 3.19 Connection to Central Power Supply 40 Table 3.20 Age of the Structure 40 Table 3.21 Immediately Connected to Road 40 Table 3.22 Type of Access Roads 41 Table 3.23 Literacy Status 41 Table 3.24 Education Level of Male and Female 42 Table 3.25 Type of Activities of Women 42 Table 3.26 Women’s Say in Decision Making 42 Table 3.27 Women’s Participation in Decision Making 42 Table 3.28 Expectation of Women from the Project 43 Table 4.1 Method of Consultations 45 Table 4.2 Summary of Public Consultations during Feasibility 46 Stage Table 4.3 Summary of Public Consultations during detailed Design 47 Table 4.4 Consultation Findings during preparation of LARP 48 Table 4.5 Summary of Public Consultations during Leaflet 49 Dissemination Table 4.6 Findings and Minutes of the Meetings during 49 Dissemination Table 5.1 Grievance Redress Committee- Section-2 54 Table 5.2 Grievance Resolution Process 55 Table 6.1 Comparison of Georgian Laws on LAR and ADB's SPS, 60 2009 Table 7.1 Entitlement Matrix 66 Table 9.1 LAR Cost 72 Table 11.1 Implementation Schedule 80 Table 12.1 Monitoring Indicators 83 LIST OF FIGURES Figure 1.1 Location Map of the Project Road 20 Figure 5.1 Grievance Redress Mechanism 56 Figure 10.1 Project Organization Structure 74 Figure 10.2 Institutional Arrangements for LAR 78 ANNEXURE 85-215 Annexure 1.1 Details on Width of The Right of Way as per Detailed 86 Design Annexure 2.1 Census Survey (Detailed Inventory) Questionnaire 93 Annexure 2.2 Findings of Inventory and Census Surveys 102 Annexure-3.1 Socio-Economic Survey Questionnaire (Sample 114 Household) Annexure 4.1 Records of Consultations during Feasibility Study 123 Annexure 4.2 Copy of Presentation during First Phase of Consultation 129 during Detailed Design Annexure 4.3 Records of Public consultations in the First phase of 143 Detailed Design Prior to DMS
5 Annexure 4.4 Records of Consultation during Disclosure of LARP 151 Leaflet Annexure 4.5 Copy of the LARP Leaflet 162 Annexure 4.6 Records of Recipients of LARP Leaflet by Affected 174 Persons during Dissemination Annexure 5.1 Complaints and Grievance Submission Form 184 Annexure 5.2 Log Book for Registered Grievance in GRCN 185 Annexure 6.1 Synopsis of Selected Georgia Laws and Regulations on 186 LAR Annexure 7.1 Methodology for Determining Compensation Rates By 191 The Valuation Company Annexure 9.1 Compensation Matrix 204
6 LIST OF ABBREVIATIONS
ADB Asian Development Bank AH Affected Household AP Affected Person DDC Detailed Design Consultant DMS Detailed Measurement Survey EA Executing Agency GEL Georgian Lari (Currency) ETIC Euroasian Transport Corridor Investment Centre GoG Government of Georgia GPS Geographic Positioning System GRCE Grievance Redress Committee GRCN Grievance Redress Commission GRM Grievance Redress Mechanism Ha Hectare HH Household IA Implementing Agency IP Indigenous People IR Involuntary Resettlement Km Kilo Meter LAR Land Acquisition and Resettlement LARC Land Acquisition and Resettlement Commission LARP Land Acquisition and Resettlement Plan MOF Ministry of Finance MRDI Ministry of Regional Development and Infrastructure of Georgia NAPR National Agency of Public Registry PRRC Property Rights Recognition Commission RoW Right of Way RD Resettlement Division RDMRDI Roads Department of the Ministry of Regional Development and Infrastructure of Georgia RoW Right of Way SPS Safeguard Policy Statement, 2009
NOTE
In this report, “$” refers to US dollars $1.00=GEL 2.52 (21Dec, 2017)
7 GLOSSARY
BeneficiaryCommunity:Allpersonsandhouseholdssituatedwithinthegovernment- ownedoracquiredproperties who voluntarily seektoavailandbepartoftheProjectandrepresentedbyacommunityassociationthatisdulyrecognize dbythecommunityresidents,accreditedbythelocalgovernment,andlegallyregisteredwiththeapprop riateinstitutions. Compensation:Paymentincashorinkindofthereplacementcostoftheacquiredassets. Entitlement:Rangeofmeasurescomprisingcompensation,incomerestoration,transferassistance, incomesubstitution,andrelocationwhichareduetoaffectedpeople,dependingonthenatureoftheirlos ses,torestoretheireconomicandsocialbase. Improvements:Structuresconstructed(dwellingunit,fence,waitingsheds,animalpens,utilities,co mmunityfacilities,stores,warehouses,etc.)andcrops/plantsplantedbytheperson,household,institu tion,ororganization. LandAcquisition:Theprocesswherebyapersoniscompelledbyagovernmentagencytoalienateallo rpartofthelandapersonownsorpossessestotheownershipandpossessionofthegovernmentagency forpublicpurposeinreturnforaconsideration. AffectedPeople(AP):IndividualsaffectedbyProject-relatedimpacts. AffectedHousehold(AH):Allmembersofahouseholdresidingunderoneroofandoperatingasasingl eeconomicunit,whoareadverselyaffectedbytheProject.Itmayconsistofasinglenuclearfamilyorane xtendedfamilygroup. Rehabilitation:CompensatorymeasuresprovidedunderthePolicyFrameworkoninvoluntaryresettl ementotherthanpaymentofthereplacementcostofacquiredassets. Relocation:ThephysicalrelocationofanAP/AHfromher/hispre-Projectplaceofresidence. ReplacementCost:Therateofcompensationforacquiredhousing,landandotherassetswillbecalcul atedatfullreplacementcosts.Thecalculationoffullreplacementcostwillbebasedonthefollowingelem ents:(i)fairmarketvalue;(ii)transactioncosts;(iii)interestaccrued,(iv)transitionalandrestorationcost s;and(v)otherapplicablepayments,ifany.Wheremarketconditionsareabsentorinaformativestage,t heborrower/clientwillconsultwiththedisplacedpersonsandhostpopulationstoobtainadequateinfor mationaboutrecentlandtransactions,landvaluebytypes,landtitles,landuse,croppingpatternsandcr opproduction,availabilityoflandintheprojectareaandregion,andotherrelatedinformation.Theborro wer/clientwillalsocollectbaselinedataonhousing,housetypes,andconstructionmaterials.Qualified andexperiencedexpertswillundertakethevaluationofacquiredassets.Inapplyingthismethodofvalu ation,depreciationofstructuresandassetsshouldnotbetakenintoaccount.
Resettlement:AllmeasurestakentomitigateanyandalladverseimpactsoftheProjectonAP’spropert yand/orlivelihood,includingcompensation,relocation(whererelevant),andrehabilitationofthedama ged/removedinfrastructureandinstallations.
Sakrebulo:Thisistherepresentativebodyoflocalself- government.Themiddleleveloflocalgovernmentconsistsof67municipalitiesandsixcitiesinGeorgia:T bilisi,Kutaisi,Rustavi,Poti,BatumiandSukhumi.Therepresentativebranchofmunicipalitylevelisthem unicipalitylevelLocalCouncils(MunicipalitySakrebulo)andtheexecutivebranchisrepresentedbyMun
8 icipalityGamgeoba(Gamgebeli).Theself-governmentlevelconsistsofsettlements(self- governedcities)orgroupsofsettlements(municipalities).Settlementscouldbevillages,smalltowns(mi nimum3,000inhabitants)andcities(minimum5,000inhabitants).Therepresentativeandexecutive branchesofself- governmentarerepresentedaccordinglybyLocalCouncil(Sakrebulo)andtheGamgebeliofmunicipall evel.Theexclusiveresponsibilitiesofself-governmentincludeland- useandterritorialplanning,zoning,constructionpermitsandsupervision,housing,andcommunalinfra structuredevelopment.
9 EXECUTIVE SUMMARY i. Asian Development Bank (ADB) signed a loan with Government of Georgia in June 2017 for financing toward the rehabilitation of Dzirula-Kharagauli-Moliti-Pona-Chumateleti Secondary Road section (50 kilometer). Ministry of Regional Development and Infrastructure (MRDI) is the executing agency (EA) of the Project on behalf of the Government of Georgia (GoG) and the Roads Department of the MRDI (RDMRDI) is the implementing agency (IA). For implementation purposes, the project has been divided into 2 separate sections of about 25 km each. Given that civil works will be implemented in two separate contracts, final Land Acquisition and Resettlement Plans (LARP) have been prepared separately for each contract/section, during the detailed designs of the project. The first road section (Section-1) covers the western region comprising of 24.620 kilometre (Km) road length from Dzirula to Moliti and the second road section (Section-2) covers the eastern region comprising 25.624 km of road length from Moliti to Chumateleti. ii. This is an implementation ready LARP which has been prepared for the Section-2 road section from Moliti to Chumateleti (25.624 Km) as part of the detailed design. The project is classified category B for involuntary resettlement1 as per ADB Safeguard Policy Statement (SPS), 2009. There are no indigenous peoples as defined in the SPS in the project area, and the project is classified category C for indigenous peoples. iii. The road has been designed keeping in consideration the best engineering solution. Detailed measurement survey (DMS) and 100% census of affected persons have been completed based on detailed and final engineering design and the final Right of Way (RoW). The LARP is based on the Georgian laws and regulations related to land acquisition and involuntary resettlement and ADB SPS, 2009. iv. Total land requirement for the corridor is estimated to be 50.77 hectare (ha) of which 46.16 ha (91%) is government owned/state land which is vacant land and is not under acquisition. Total land required for acquisition is 4.61 ha (9%) which has been considered in the LARP. Total land parcels being affected under acquisition in section-2 corridor is 208 of which 99 are registered/legal, 98 are legalizable and 11 parcels are non-legal. Total land required for acquisition in the section-2 road project is 46,098 sqm equivalents to 4.61. There are 202 numbers of agricultural parcel (45,806 sqm) of which of which 104 agricultural parcels (26,750 sqm land) is used as agricultural /arable and 98 agricultural parcels (19,056 smt land) are used as residential/commercial purpose. There are 6 numbers of non agricultural land parcels (293 sqm). A total of 3,375 numbers of tress will be affected due to land acquisition. Total area of crop loss is 4993 sqm. A total of 234 structures are affected of which 10 are residential structures such as houses/dwelling. No cases of residential tenants have been recorded. Additionally, 1 restaurant is affected which is not operational now. Remaining structures are auxiliary structures such as fence, garage, storage, cowsheds, and toilets etc. 11 structures will need physical relocation. Severely affected households are 35 and severely affected persons are 101. Total number of vulnerable households is 58. There are no indigenous peoples in the Project area. Total number of affected households is 171. The total numbers of affected persons are 378 of which 195 are male and 183 are female. Summary of impacts on land acquisition and resettlement is given in Table E-1.
1A proposed project is classified as category B if it includes involuntary resettlement impacts that are notdeemed significant which means less than 200 or less persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The categorization is done for the entire road section (Section-1 and 2) and it is noted that the Project will not cause any significant IR impacts.
10 Table E-1: Summary Impact on Land Acquisition and Resettlement (Section 1 and Section-2)2 # Impacts Unit of Quantification Quantity 1 Total Land Requirement for the corridor Square meter 507,688 (ha) (50.77) 2 Government/State land/Vacant land (Not Square meter 461,590 under land acquisition) (ha) (46.16) 3 Total Private Land Requirement for acquisition Square meter 46,098 as per LARP (ha) (4.61) 4 Total Land parcels under acquisition as per Number 208 LARP (square meter) (46,098) 5 Registered/legal land Parcel as per LARP Number 99 (square meter) (19,642) 6 Legalizable land Parcel as per LARP Number 98 (square meter) (25,646) 7 Non-legal land parcel as per LARP Number 11 (square meter) (810) 8 Total Agricultural Land Parcel Number 202 (square meter) (45,806) 8.A Agricultural/Arable (agricultural land used as Number 104 agricultural land) (square meter) (26,750) 8.B Agricultural/Residential (agricultural land used Number 98 as residential/commercial land) (square meter) (19,056) 9 Non-Agricultural Land Parcels Number 6 (square meter) (293) 10 Area under Cereals Crop Cultivation Square Meter 4,993 11 Total affected Tress Number 3,375 12 Total Structures/Buildings including Auxiliary Number 234 Structures 13 Residential Houses/Dwelling Number 10 14 Commercial Structure/ Restaurant Number 1 15 Auxiliary Structures Number 223 16 Structures needing Relocation Number 11 17 Severely Affected Households and Affected Number 35 AH with 101 Persons (AH/APs) APs 18 Vulnerable Households Number 58 19 Affected Households Number 171 20 Affected Persons Number 378 21 Male Affected Persons Number 195 22 Female Affected Persons Number 183 Source: DMS and census Survey, June-July, 2017 (Sec-1) and September-November, 2017 (Sec-2) v. Households living in the project area are having a homogenous socio economic profile with low income activities. Due to lack of development activities, many of the families are confined to the traditional pattern of economic activities or depending more on the pension. From the socio- economic survey, it follows that the income level and the expenditure level is almost same which does not allow the people to save or invest for the future security. Besides this, the livelihood opportunities are very less as majority is relying on pensions. The issue related to health is a matter of concern because of no easy access to health facility due to long distance. The socio-
2The summary impact in the executive summary includes both section-1 and section-2 data for providing justification to overall Project Category which is category-B for Involuntary Resettlement as per ADB SPS.
11 economic benefit of the project is foreseen in terms of local employment during Project road construction and maintenance. The project impact will be aligned with the increased economic activity in the Kharagauli municipality and surrounding regions and national connectivity. The outcome will be increased mobility and accessibility of the residents of Kharagauli municipality and tourists visiting the project area by reducing vehicle operating costs and providing time savings for road users. vi. The project will pay particular attention to ensure that women are the recipients of the compensation pertaining to their activities and to ensure that women who are de-facto household heads are clearly listed as beneficiaries of compensation and additional allowance. The project will have positive impact on gender, because the civil works contracts will include provisions to encourage employment of women during implementation. Additionally, women headed households have been considered as the vulnerable and are eligible for special additional assistance as provided in the entitlement of the LARP. It is also likely that benefits to women and girls will be realized after project completion through outcomes such as increased access (i.e., greater public transport frequency, travel speed, days per year accessible) to schools, medical facilities, and markets. Two focus group (each with at least 8 women) discussions towards project end will be conducted to assess whether the project has reduced women's time, poverty and/or improved the quality of their lives. vii. Stake holders' consultations have been a continuous process. It ensured that the affected people and other stakeholders are informed, consulted and allowed to participate actively in the process of road development and preparation/finalization of LARP. During feasibility study, consultations/public meetings were held at 9 locations from 02 December 2014 till 10 Dec 2014 at various locations such as Kharagauli (45 participants), Sagandzile (17 participants), Aneula (5 participants), Chumateleti (18 participants), Dzirula (14 participants), Moliti (23 participants), Tsipha (3 participants), Lashe (8 participants) and Pona (3 participants). The consultations process was also continued during the detailed design stage for the road section-2 where consultations were carried out at 5 locations during the month of August, 2017 and the locations where consultations were held were Kharagauli municipality office (13 participants), Khasuri municipality office (11 participants), Chumateleti (12 participants), Moliti (22 participants), and Tsipa (17 participants). Dissemination of leaflets was done through consultations where all the APs were distributed with leaflet 21 November 2017 (Chumateleti- 45 APs, Moliti- 56 APs and Tsipa/Pona- 87 APs). Additionally, consultations meetings were held after the dissemination of leaflets at three locations such as Moliti (22 November, 2007 having 27 participants), Tsipa/Pona (22 November, 2017 having 67 participants) and Chumateleti (24 November, 2017 having 21 participants). The main objectives and contents of consultations during the detailed design were to sensitize people and to get the feedback from the people about the project design, potential losses due to land acquisition, eligibility and various entitlements, cut-off-date; institutional mechanism and grievance redress mechanism. Consultations are continuous process and will be carried out during the disbursement of compensation and also during the construction of road to resolve any further issues which may further arise. viii. Eligibility and entitlement of the affected people for the potential losses has been discussed through dissemination of LARP leaflet (Georgian version) to all APs and during the consultations meetings. Resettlement information leaflet containing information on road alignment, compensation, assistance, eligibility, entitlement, grievance redress mechanism, implementation schedule and cut-off date etc have been translated to local language (Georgian) and have been distributed to affected persons on 21 November 2017 at all the concerned affected villages. Copy of the final LARP (full report) will also be translated into Georgian language and will be made available at Roads Department, Municipality office and at affected village level upon approval. Copy of the final LARP will be disclosed in ADB’s website and in the website of Roads
12 Department within MRDI upon approval. The semi- annual monitoring reports will also be uploaded in ADB's website as well as in the website of Roads Department. ix. A grievance redress mechanism (GRM) has been established during the disclosure of leaflets and consultations related to disclosure to allow affected persons appealing any disagreeable decision, practice or activity arising from land or other assets compensation. The broad structure, procedure and function of GRM were discussed during the consultations meetings. APs were informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation Grievance Redress Committees (GRCEs) have been established under the project at Municipality level such as at Kharagauli and at Khasuri with due representation from respective affected villages (Chumateleti, Moliti and Tsipa/Pona) including the representative of Gamgebeli/village, representative from APs and representative of women APs. First, complaints resolution will be attempted at Municipality level GRCE. If any aggrieved AP is unsatisfied with the GRCE decision at Municipality level, the next option will be to lodge grievances to the Resettlement Division of RDMRDI at the national level within 2 weeks after receiving the decision from GRCN. The grievance mechanism should not impede access to the country’s judicial or administrative remedies. Affected Persons can approach the court of law at any time and independent of grievance redress process. GRCEs are established at Municipality level. x. The legal and policy framework of the Project is based on national laws and legislations related to Land Acquisition and Resettlement (LAR) in Georgia and ADBSPS 2009. Based on the analysis of applicable laws and policies and ADB’s policy requirement, project related LAR principles have been adopted. APs entitled for compensation or at least rehabilitation provisions under the Project are: (i) All APs losing land either covered by legal title/traditional land rights, Legalizable, or without legal status; (ii) Tenants and sharecroppers whether registered or not; (iii) Owners of buildings, crops, plants, or other objects attached to the land; and (iv) APs losing business, income, and salaries. Entitlement provisions for APs losing land, houses, and income and rehabilitation allowance will include provisions for permanent or temporary land losses, buildings losses, crops and trees losses, a relocation allowances, and a business losses allowance. The DMS and AP census carried out during detailed design is considered as cut-off- date which is 30 September 2017 for section-2. The cut-off date was announced during the consultations prior to the start of DMS held at various affected villages during August 2017 and again discussed and clarified during the consultations held for dissemination of leaflets in November, 2017. The valuation of affected assets has been done based on the core principle of replacement cost and by the qualified valuation company. An entitlements matrix is provided in Table E-2.
13 E-2: Entitlement Matrix Type of Loss Application Definition of AH/APs Compensation Entitlements Land Permanent loss of AP losing productive Registered Owner/Legal: Cash compensation at full replacement cost. agricultural land land regardless of Owner with full registration If the residual plot becomes unviable for impact severity cultivation, the project will acquire it if the owner so desire. Legalizable Owner: The ownership rights of these APs will be (APs with title formalization recognized, the land registered in NAPR and pending and APs who are the APs provided with cash compensation at full replacement cost. not registered but legitimately use the land and have residential land or agricultural plots adjacent to the residential land). Non-legal/Informal One time minimum subsistence allowance in Settler: cash for 12 months (@347.4 GEL per month APs that are not legitimate x 12 months=4,169 GEL / AH) land users or squatters Agricultural Tenant One time minimum subsistence allowance in cash for 12 months (@347.4 GEL per month x 12 months=4,169 GEL / AH) Non-Agricultural Land AP losing their Registered Owner/Legal: Cash compensation at full replacement cost. commercial/ (Owner with full residential land registration)
Legalizable Owner: The ownership rights of these APs will be (The owners legalizable recognized, the land registered in NAPR and according to active the APs provided with cash compensation at full replacement cost. legislation).
Non-legal/Informal Settler One time minimum subsistence allowance in (Without registration/valid cash for 12 months (@347.4 GEL per month documents using land x 12 months=4,169 GEL / AH) permanently).
Buildings and Structures Residential and non All AHs regardless of their Cash compensation for building/structures residential legal ownership/ losses at full replacement costs free of structures/assets registration status depreciation and transaction costs (including legalizable and Informal Settlers) Loss Of Community Infrastructure/Common Property Resources Loss of common Community/Public Community/Government Reconstruction of the lost resource/asset in property resources Assets consultation with community and restoration of their functions Loss of Income and Livelihood Crops Standing crops All APs regardless of legal Crop compensation in cash at market rate by affected or affected status (including default at to gross crop value of expected agricultural land, used legalizable and Informal harvest. Settlers)
14 Type of Loss Application Definition of AH/APs Compensation Entitlements permanently for crop cultivation. Trees Trees affected All APs regardless of legal Cash compensation at market rate on the status (including basis of type, age and productive value of the legalizable and Informal trees. Settlers) Business/Employment Business/employment All APs regardless of legal Owner: loss status (including (i) (permanent impact) cash indemnity of 1 legalizable and Informal year net income or in the absence of income Settlers) proof, One time minimum subsistence allowance in cash for 12 months (@347.4 GEL per month x 12 months=4,169 GEL / AH); (ii) (temporary impact) cash indemnity of net income for months of business stoppage. Assessment to be based on tax declaration or, in its absence, minimum salary. Permanent worker/employees: indemnity for lost wages equal to One time minimum subsistence allowance in cash for 3 months (@347.4 GEL per month x 3 months=1,042 GEL / AH) Allowances Severe Impacts3 >10% income loss All severely affected AHs One time minimum subsistence allowance in and physically including informal settlers cash for 3 months (@347.4 GEL per month x 3 displaced household months=1,042 GEL / AH) Relocation/Shifting Transport/transition All AHs to be relocated An allowance covering transport and costs livelihood expenses for the transitional period. (@ 250 GEL as vehicle hire charge + 347.4 GEL per month x 3 months =1,042 GEL) Total = 1,292 GEL/AH) Vulnerable People AHs below poverty line, One time minimum subsistence allowance in Allowances4 headed by Women, cash for 3 months (@347.4 GEL per month x disabled and refugees 3 months=1,042 GEL / AH) and employment priority in project-related jobs where feasible Unforeseen impacts Impacts during All APs Due compensation to be assessed and paid during construction construction to when the impacts are identified based on the properties or assets above provisions. out of the corridor of impact or RoW
xi. The resettlement cost estimate for the Project includes eligible compensation, resettlement assistance and support cost for LARP implementation as per the entitlement matrix.
3Severely affected households in this project include those AHs (i) losing 10% or more than 10% of their productive assets/income generating which is the total land holding of the AH compared to the affected land by the project, (ii) physically displaced HH and (iii) households losing commercial/businessestablishments.
4Multiple vulnerability of one HH is considered as one and will be paid only one vulnerable allowance
15 The unit cost and the evaluation were done based on the inventory of assets and subsequently valued by an approved valuer considering the current market value/replacement cost of each lost assets. All LAR related costs, including cost of compensation for land acquisition and resettlement and administration, will be considered an integral part of Project cost and will be contributed as a counterpart fund by the Georgia Government, in particular RDMRDI. The total estimated cost for the LARP for Project is 2.01 million GEL equivalents to $ 0.80 million. Contingency provisions (@ 10% of the total cost) have also been made to take into account variations from this estimate. xii. RDMRDI will have lead responsibility for implementation of the Project as well acquisition of land and implementation of the LARP. RDMRDI is assisted by a number of other government departments and private agencies in the design, construction and operation of the Project. Pursuant to the active legislations, National Agency of Public Registry (NAPR) within the Ministry of Justice is in charge of the recognition of ownership rights of rightful owners, registration of land ownership, with process verification and certification from village communities, Notaries, Property Rights Recognition Commission (PRRC), and sakrebulo. Municipality NAPR is also responsible for registering transfer of acquired land from landowners to the RDMRDI. The local government at Municipality and sakrebulo levels are involved in the legalization of legalizable land parcels and subsequently land acquisition and resettlement of APs. The Ministry of Natural Resources and Environmental Protection is responsible for environmental issues. The Project road will cover two administrative municipalitys such as Kharagauli and Khasuri xiii. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, monitoring and grievance redress will be undertaken throughout the implementation of LARP and during construction. RDMRDI will monitor the progress of implementation of the LARP and will submit semi annual monitoring report to ADB. Monitoring reports will be disclosed to the APs semi-annually and will be disclosed in the website of ADB and RDMRDI. RDMRDI will monitor the progress of implementation of the LARP and semi-annual monitoring report will be submitted by RDMRDI to ADB.
16 CHAPTER 1: INTRODUCTION AND PROJECT DESCRIPTION
1.1 Overview
1. Asian Development Bank (ADB) signed a loan with the Government of Georgia in June 2017 for financing toward the rehabilitation of Dzirula-Kharagauli-Moliti-Pona-Chumateleti secondary road section (50 kilometres). Ministry of Regional Development and Infrastructure (MRDI) is the executing agency (EA) of the Project on behalf of the Government of Georgia (GoG) and the Roads Department of the MRDI (RDMRDI) is the implementing agency (IA).
2. For implementation purposes, the project has been divided into 2 separate sections of about 25 km each. Given that civil works will be implemented in two separate contracts, final Land Acquisition and Resettlement Plans (LARP), has been prepared separately for each contract/section, during the detailed designs of the project. The first road section (Section-1) covers the western region comprising 24.620 kilometre (km) road length from Dzirula to Moliti and the second road section (Section-2) covers the eastern region comprising 25.624 km of road length from Moliti to Chumateleti.
3. This final Land Acquisition and Resettlement Plan has been prepared for the Section-2 road corridor from Moliti to Chumateleti (25.624 Km) as part of the detailed design. The project is classified category B for involuntary resettlement5as per ADB Safeguard Policy Statement (SPS), 2009. There are no indigenous peoples as defined in the SPS in the project area, and the project is classified category C for indigenous peoples. Potential impact on land acquisition and involuntary resettlement for both the sections has been provided in the executive summary (Table E-1) for justification of categorization of the Project.
4. The project impact will be aligned with the increased economic activity in the Kharagauli municipality and surrounding regions and national connectivity. The outcome will be increased mobility and accessibility of the residents of Kharagauli municipality and tourists visiting the project area by reducing vehicle operating costs and providing time savings for road users. The project’s output will be about 50 km of improved road between Dzirula and Chumateleti, including several short access roads to the nearby national park and to Kharagauli and other railway stations.
1.2 Description of the Project
1.2.1 Design Feature
5. The project road is a 50.404-km west to east secondary road, starting from E60 in Dzirula and ending at E60 junction at Chumateleti. Most of the project road is within Imereti Region with a few kilometres within Shida Kartli Region, through a gorge with mountain ranges with on both the northern and southern part. The road section starts at km 24+640 at Moliti as a continuation of the Dzirula to Moliti road section and ends in Chumateleti at the junction whit the E-60 at km 50+244. The road infrastructure rehabilitation is one of the most pressing needs of the society.It is envisioned that this road, when improved, will enhance connectivity to a number of towns and
5A proposed project is classified as category 'B' if it includes involuntary resettlement impacts that are not deemed significant which means less than 200 or less persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).
17 villages at the foothills of the mountain ranges and can act as alternative route to parallel segments along E-60.
6. Referring to the feasibility study carried out in 2014/20156, the details of the proposed road project are: